Window Egress Law And New Windows
I need an interpretation of the code on window egress requirements. We put replacement windows in a rental unit we own, 2 of the windows the Section 8 inspector says do not meet egress code. These are double hung windows where both top and bottom panes slide up and down and also tilt in. When just the bottom portion is slid up, there is only 17" clear net opening height-wise. BUT if you open both panes and tilt in, there is 32" clear net height opening, far more than the required 24".
I quote the code (IRC-2000, which this county follows):
"EMERGENCY ESCAPE AND RESCUE OPENINGS: SECTION: R 310.1
Habitable space and every sleeping room shall have at least one openable emergency escape and rescue window or exterior door opening functioning as an operable emergency escape and rescue opening. Where openings are provided as a means of escape and rescue, each shall have a sill height of not more than 44 inches above the floor. Where a door opening having a threshold below the adjacent ground elevation serves as an emergency escape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply with Section R310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the window or door opening from the inside. "
The inspector is saying opening both panes and tilting in to achieve the required clear net opening dimensions is not normal operation. I say it is because this is the way the windows are designed to work. My interpretation is that forcing a window to do something that it is NOT designed to do (like breaking it, etc.) is not normal operation.
Another quote from the code:
OPERATIONAL CONSTRAINTS: R 310.1.4
"Emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. "
Again, my interpretation is that doing what the window is designed to do constitutes normal operation. Using a key or tool or something unattached to the window itself would constitute abnormal operation.
Any thoughts on this?
I believe window egress requirements are based upon being able to get out by the quickest means possible for those that may have the most difficult time in doing so.......as with the case of children and the elderly.
Yes, you and I know how to open up and tilt out a window, however, you ever tried to tilt a window out and lift it at the same time. As a builder, I always show my new homeowners how to not only tilt and take the window out....but reinstall one, which I find very few people can do the first or second time. I have replaced window parts because of people not understanding how the tilt windows work.
With all said.....my vote is that the sash, when opened (not removed) must have the required height, width and clear net opening as required by code.
Now if you want to talk about the fact that most amercians couldn't get their wide loads through the majority of most egressed size windows anyway.........well thats a different matter.
NC_Yank
The rule is very clear. 4.5 ft of opening is needed to meet egress code. ino more than 44" above floor level and if the well is deeper than that then an escape ladder is required. I am a GC/investor so I face this all the time. Hope this helps.
The only thing that matters is convincing the inspector that what you have meets regulation. Maybe you could meet the inspector there on your reinspection, and convince them. Because of all the budget cuts in Section 8, they're being VERY particular 'bout things, and are looking for reasons to either fail you, or cut your money back, seems like.
Quote:
On 2004-04-14 07:38, jam200 wrote:
The only thing that matters is convincing the inspector that what you have meets regulation. Maybe you could meet the inspector there on your reinspection, and convince them. Because of all the budget cuts in Section 8, they're being VERY particular 'bout things, and are looking for reasons to either fail you, or cut your money back, seems like.
We ended up replacing the windows. The real issue at hand was the fact the code was so vague about what constituted "normal operation" of the window. The building code in other jurisdictions specifically say that the window must be operated without the use of a key or other device, and the window must be able to be opened in under 60 seconds. Both of which apply to these style windows, but our code only says "normal operation", so it is up to the inspector to determine what that is. We were losing almost $40 each day this was dragging on, because the rest of the unit passed inspection and we had a tenant waiting to move in. We bought new windows and replaced these (cost of about $230) and now we have 2 really nice windows to put into the shed we are building.
You are right about Section 8 really being tough and trying to find things to fail units. Especially in our area. We've rented thru section 8 many times and this is the first year we've had so much trouble with the inspectors. We had to jump thru rings of fire to get this last tenant into the house, not only with the inspection, but other technical issues as well. Now I'm realizing why the phone rings nonstop when we advertise a property for rent and accept section 8. It seems most landlords in this area now are just not willing to deal with all the technicalities.